http://www.duiblog.com/2013/01/20/the-burden-of-proof-is-on-the-accused/ Bad Drunk Driving Laws, False Evidence and a Fading Constitution Wed, 19 Jun 2013 01:49:08 +0000 hourly 1 http://wordpress.org/?v=3.4.2 http://www.duiblog.com/2013/01/20/the-burden-of-proof-is-on-the-accused/comment-page-1/#comment-397983 how to make money Sun, 10 Mar 2013 09:27:00 +0000 http://www.duiblog.com/?p=3680#comment-397983 I have been exploring for a little bit for any high-quality articles or blog posts on this sort of area . Exploring in Yahoo I finally stumbled upon this web site. Studying this info So i am glad to express that I've a very good uncanny feeling I found out exactly what I needed. I so much for sure will make certain to don?t overlook this web site and provides it a look on a relentless basis. I have been exploring for a little bit for any high-quality articles or blog posts on this sort of area . Exploring in Yahoo I finally stumbled upon this web site. Studying this info So i am glad to express that I’ve a very good uncanny feeling I found out exactly what I needed. I so much for sure will make certain to don?t overlook this web site and provides it a look on a relentless basis.

]]> http://www.duiblog.com/2013/01/20/the-burden-of-proof-is-on-the-accused/comment-page-1/#comment-271782 Jason Sat, 26 Jan 2013 08:45:29 +0000 http://www.duiblog.com/?p=3680#comment-271782 While it's undeniably true that you're "guilty until proven innocent", especially in cases of DUI, I think it's imperative upon us to look into the reasons why this is.  Let's start by stating that the massive prison lobby and special interest groups like MADD Mothers are profiteering off the "DUI industry" at an exponential rate.  The Founder of MADD Mothers, Candy Lightner, resigned from the organization, citing that the group had become a "neo-prohibitionist" group that was more focused on political gains and profits rather than the reasons she had in mind when beginning the organization. Police are ever-increasingly under the pressure from their departments who institute arrest quotas, especially ones pertaining to DUI, since MADD Mothers has made it such a poignant topic.  Police seek overtime court pay, raises within the department both financially and in rank, as well as a potential political resume-builder.  Lastly, I personally know of a man in Michigan, a state run by the prison lobby, and one of the only states that offers no such thing as "good time"; the average inmate in Michigan serves approximately 120% of their sentence.  This man was never seen drinking and driving.  Police showed up to his condominium at 1:30 in the morning.  He was in his family room with two other friends of his, and they were drinking.  The police asked him if he had been driving.  This man, a graduate of an Ivy League university who did have prior DUIs, responded, "No.  Why, is something wrong?  Was there an accident somewhere?".   The three men had been home all evening.  The officer then left. 3 months later, this gentleman received a postcard in the mail stating he was being charged with felony DUI.  The man went to court, befuddled. He left court after hearing his charge.  He then hired an attorney, who requested a preliminary examination.  The "witness" said he saw a car that he thought was weaving, but couldn't identify the person, and didn't know if the person was a male or female, and only had a description of the color of the car.  When asked what type of car it was, he didn't know; when asked if he followed the car, he said "Yes, but only until the car turned into the condominium association", which stretches a mile long.  After hearing this, the judge determined this was enough evidence to have the case bound over to circuit court -- even though the defendant was one of only 5 or 6 people in the courtroom and he still couldn't identify him! The prosecutor then realized that they had forgotten to arrest the defendant.  So they allowed the man to turn himself into the jail, where the booked him.  The probation department recommended 6 months in a rehabilitation program.  His sentencing guidelines were 0-23 months.  The judge sentenced him to 46 months-10 years in state prison.  He would spend the next 46 months in prison, sleeping next to murderers and rapists.  Attorneys did nothing, and the appeals process is still ongoing, 6 years after the fact.  This tragedy took away more than 4 years of an innocent man's prime years of his life, while prosecutors, police, judges, and everyone involved gained political capital. This, and cases like the ones Utah State Trooper Lisa Steed -- the 2007 "Trooper of the Year" because she accumulated 200+ DUI arrests that year -- have led many to believe that the system needs a complete overhaul, and that the prison lobby as well as MADD Mothers need to be under heavy scrutiny, as do any and all politicians who accept money from them. While it's undeniably true that you're "guilty until proven innocent", especially in cases of DUI, I think it's imperative upon us to look into the reasons why this is. 
Let's start by stating that the massive prison lobby and special interest groups like MADD Mothers are profiteering off the "DUI industry" at an exponential rate.  The Founder of MADD Mothers, Candy Lightner, resigned from the organization, citing that the group had become a "neo-prohibitionist" group that was more focused on political gains and profits rather than the reasons she had in mind when beginning the organization.
Police are ever-increasingly under the pressure from their departments who institute arrest quotas, especially ones pertaining to DUI, since MADD Mothers has made it such a poignant topic.  Police seek overtime court pay, raises within the department both financially and in rank, as well as a potential political resume-builder. 
Lastly, I personally know of a man in Michigan, a state run by the prison lobby, and one of the only states that offers no such thing as "good time"; the average inmate in Michigan serves approximately 120% of their sentence.  This man was never seen drinking and driving.  Police showed up to his condominium at 1:30 in the morning.  He was in his family room with two other friends of his, and they were drinking.  The police asked him if he had been driving.  This man, a graduate of an Ivy League university who did have prior DUIs, responded, "No.  Why, is something wrong?  Was there an accident somewhere?".   The three men had been home all evening.  The officer then left.
3 months later, this gentleman received a postcard in the mail stating he was being charged with felony DUI.  The man went to court, befuddled. He left court after hearing his charge.  He then hired an attorney, who requested a preliminary examination.  The "witness" said he saw a car that he thought was weaving, but couldn't identify the person, and didn't know if the person was a male or female, and only had a description of the color of the car.  When asked what type of car it was, he didn't know; when asked if he followed the car, he said "Yes, but only until the car turned into the condominium association", which stretches a mile long.  After hearing this, the judge determined this was enough evidence to have the case bound over to circuit court — even though the defendant was one of only 5 or 6 people in the courtroom and he still couldn't identify him!
The prosecutor then realized that they had forgotten to arrest the defendant.  So they allowed the man to turn himself into the jail, where the booked him.  The probation department recommended 6 months in a rehabilitation program.  His sentencing guidelines were 0-23 months.  The judge sentenced him to 46 months-10 years in state prison.  He would spend the next 46 months in prison, sleeping next to murderers and rapists.  Attorneys did nothing, and the appeals process is still ongoing, 6 years after the fact.  This tragedy took away more than 4 years of an innocent man's prime years of his life, while prosecutors, police, judges, and everyone involved gained political capital.
This, and cases like the ones Utah State Trooper Lisa Steed — the 2007 "Trooper of the Year" because she accumulated 200+ DUI arrests that year — have led many to believe that the system needs a complete overhaul, and that the prison lobby as well as MADD Mothers need to be under heavy scrutiny, as do any and all politicians who accept money from them.

]]>